(b) If the Executives employment is terminated pursuant to
Section 4.3(a), the Executive shall, in full discharge of all of the Companys obligations to the Executive, be entitled to receive, and the Companys sole obligation under this Agreement or otherwise shall be to
pay or provide to the Executive, the following (collectively, the Accrued Obligations):
(i) the Executives accrued but unpaid Base Salary through the final date of the Executives
employment by the Company (the Termination Date), payable in accordance with the Companys standard payroll practices;
(ii) the Executives accrued, but unused, vacation;
(iii) expenses reimbursable under Section 3.2 above incurred on or prior to
the Termination Date but not yet reimbursed; and
(iv) any amounts or benefits that are vested
amounts or vested benefits or that the Executive is otherwise entitled to receive under any plan, program, policy or practice (with the exception of those, if any, relating to severance) on the Termination Date, in accordance with such plan,
program, policy, or practice.
Section 4.4 Termination Resulting from Death or Disability.
(a) As the result of any Disability suffered by the Executive, the Company, upon five (5) days prior notice
to the Executive, may terminate the Executives employment under this Agreement. The Executives employment shall automatically terminate upon the Executives death.
(b) Disability means a determination by the Company in accordance with applicable law that as a
result of a physical or mental injury or illness, the Executive is unable to